Virtual museum of Russian aggression.

Virtual museum of Russian aggression.

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Fatal Flight

On July 17, 2014 at 1:00 pm, Elsemiek de Borst, along with her mother, brother, and stepfather, board a plane headed from Amsterdam to Kuala Lumpur. Prior to takeoff, she sends a text message to her father. This is the last communication Hans de Borst receives from his daughter.


On July 17, 2014 at 4:20 pm, communication with the plane is lost due to the interruption of power supply to its equipment while flying over the villages of Petropavlivka and Krasnyi Luch in the Donetsk region. The last milliseconds of the plane's working equipment record a high-energy sound wave from outside the aircraft, which partially travels upward from the front left side of the fuselage towards the tail section.

The sound wave was caused by the explosion of the warhead of a 9N314M surface-to-air missile from the 9M38 missile system, fired from a Buk (9K37) surface-to-air missile system. The launch was carried out from a field located south of the city of Snizhne, east of the village of Balka, and west of the urban-type settlement of Pervomaisky in the Donetsk region. The detonation of the warhead near the cockpit significantly damaged the plane.

The crew likely died instantly. Due to the sound wave and subsequent fragmentation of the fuselage into pieces, there was no chance for the passengers to survive. All 298 people on board perished. The debris scattered over an area of 50 km² in six separate sections between and near the villages of Petropavlivka, Hrabove, and the settlement of Rozsypne in the Donetsk region. Among the debris were parts of the missile fired and fragments of its warhead.


On Saturday July 19, 2014, the police come to the home of Hans de Borst, 2,465 km away from the scene of the tragedy. They ask him to tell everything that could help identify the body of his daughter. She had her grandmother's ring on her finger, by which she is recognized. In addition to the ring, her passport with the boarding pass inside was also preserved.

It's a good thing she was whole. Others received different body parts every month.

Hans de Borst, interview with "Nova Gazeta Europa," July 2022

Who launched the missile?

The Russian Federation directed a military crew and the Buk missile system to eastern Ukraine at the request of Russian agents Igor Girkin and Alexander Borodai, by their appeal to the head of the Russian occupation administration in Crimea, Sergei Aksyonov, the then deputy chief of the Russian military intelligence, Alexei Dyumin, the first deputy head of the Federal Security Service Border Service, Andriy Burlaka, and the assistant to the President of the Russian Federation, Alexander Surkov. On June 19, 2014, the request was approved by the President of the Russian Federation following a meeting of the Security Council of the Russian Federation.

On June 23, 2014, the crew and the Buk missile system 3x2 (332), equipped with four missiles from the arsenal of the 53rd Kursk Anti-Aircraft Missile Brigade of the Russian Armed Forces, set out from a military base in the city of Kursk towards Ukraine. The crew consisted of four people: a commander, two operators, and a driver-mechanic. The commander was directly responsible for the missile launch.

On June 25, 2014, the crew and the Buk missile system 3x2 reached the Ukrainian-Russian border at the Nizhnomytakyne hamlet near the town of Millerovo in the Rostov region. As of July 15, 2014, it was known that 193 military personnel from the 53rd brigade were present at the border with Ukraine.

On the night of July 16-17, 2014, the Buk missile system 3x2 crossed the border on a cargo trailer near the town of Severny in the Luhansk region. The Buk system followed the following route: Sorokino - Luhansk - Alchevsk - Debaltseve - Yenakiyeve - Makiivka - Donetsk - Makiivka - Zuhres - Shakhtarsk - Chystyakove - Snizhne. From the town of Snizhne, the Buk missile system proceeded on its own to the launch site near the town of Pervomaisky in the Donetsk region.

The entire process of transporting the Buk missile system 3x2 to the launch site was carried out by Russian agents in a defined hierarchy: Igor Girkin > Sergey Dubinsky > Oleg Pulatov (who was later acquitted) > Leonid Kharchenko. 

The same individuals hastily decided to transport the Buk missile system 3x2 on a trailer back to the Russian Federation after the plane was shot down, using this route: Snizhne - Khrustalnyi - Debaltseve - Luhansk - Severnyi settlement. One of the four missiles was missing from the system. On July 18, 2014, the system crossed the border into the Russian Federation.

Almost immediately after the civilian plane was shot down, Igor Girkin reported it as if it were the supposed shooting down of a military transport plane, the AN-26. However, the publication was deleted just a few hours later. Russia began falsifying evidence and producing countless versions of the event, including the Russian propaganda claiming that the Boeing was shot down by a Ukrainian military plane, the SU-25, or by a Ukrainian Buk missile system from Ukrainian-controlled territory. These versions were refuted. Russian media published supposedly satellite images, which also turned out to be fake.

Over the past few years, we have heard so much lies and disinformation from Russia - it feels like they tell a different story every time

Jane Malcolm, daughter of a victim of the crash, after the court verdict, interview with "TSN", November 2022.

In search of facts

On July 21, 2014, the UN Security Council condemned the shooting down of a civilian plane and called for an independent international investigation and prosecution of those responsible.

On July 23, 2014, Ukraine, as the state where the incident occurred, exercised its right to delegate the investigation to establish the facts and prevent future air disasters to the Dutch Safety Board, as 193 citizens of this country were on board. In addition to the Netherlands and Ukraine, Malaysia, the United States, Britain, Australia, and the Russian Federation joined the Board's work.

In addition, on August 7, 2014, a Joint Investigative Team was created to identify those responsible for the plane crash and ensure their further criminal prosecution. The group consisted of investigators and prosecutors from the Netherlands, Ukraine, Malaysia, Australia, and Belgium. On September 20, 2017, members of the investigative team agreed that criminal proceedings would take place in the Netherlands.

Bellingcat, a non-governmental organization, conducted its own investigation based on publicly available data.

All these institutions and non-governmental organization reached similar conclusions regarding the plane crash, although they used different methodologies. Their activities made it possible to establish:

  • the causes of the disaster;
  • the weapon used to shoot down the plane;
  • the route of the Russian 3x2 Buk missile system brigade into and out of Ukraine, which was used to shoot down the plane;
  • the individuals directly involved in obtaining and transporting the 3x2 Buk missile system;
  • the location of the launch of one of the four missiles of the 3x2 Buk missile system at the plane.

Each of the Russian versions of the cause of the disaster has been refuted. They were often contradictory, based on speculation or falsified evidence. On November 30, 2022, the European Court of Human Rights declared the claims of the Russian Federation regarding the unfoundedness of the conclusions of these institutions to be groundless, as Russia could not provide any evidence.

Accountability

On May 25, 2018, following the work of the Dutch Safety Board and the Joint Investigation Team of the Netherlands and Australia, Russia was invited to discuss aspects of its responsibility for the internationally wrongful act committed to ensure compensation (reparations) for the damage caused. Confidential discussions were held between the three states from March 2019 to October 15, 2020, until Russia announced the cessation of its participation.

On July 10, 2020, the Netherlands initiated an inter-state complaint against Russia in the European Court of Human Rights to establish facts of human rights violations and provide compensation to victims of Russia's actions. The complaint was combined with Ukraine's complaints against Russia regarding human rights violations in eastern Ukraine.

The Netherlands claims in the complaint that Russia unlawfully took the lives of passengers and crew members of the plane; did not provide reasonable and necessary measures to prevent the downing of a civilian aircraft by Russian military; did not ensure an effective investigation into the crash and did not provide effective assistance to the Joint Investigation Team and the Dutch Safety Board; and disregards the suffering of the victims' relatives.

On November 30, 2022, the European Court of Human Rights found the Netherlands' complaint admissible and established, at first glance, the validity of the Netherlands' claims. The case is now awaiting substantive consideration, which will involve establishing the facts of the Convention violation and determining ways to compensate for the damage.

Significant efforts have also been made to establish and hold accountable the direct perpetrators of the crime. 

On July 29, 2015, several countries, including Ukraine, proposed to the UN Security Council the creation of an International Criminal Tribunal for the Malaysian Airlines MH17 flight to hold specific perpetrators criminally responsible. The proposal included the lifting of immunities of high-ranking officials of any state before such a court, which Russia was not interested in. Among the 15 members of the UN Security Council, only Russia voted against and vetoed the creation of the tribunal.

The refusal to create the tribunal did not prevent the completion of the criminal prosecution in the Netherlands. On November 17, 2022, the District Court of The Hague issued a guilty verdict, sentencing Igor Girkin, Sergey Dubinsky, and Leonid Kharchenko to life imprisonment for their involvement in the illegal, deliberate destruction of the plane and the intentional killing of its crew and passengers. The convicted individuals made a significant contribution to the deployment of the Buk 3x2 missile system, which led to the plane crash. The court awarded compensation to the victims in the amount of 46 million euros.


Oleg Pulatov was acquitted as it was not possible to prove beyond reasonable doubt his involvement in the criminal actions, in particular his contribution to the deployment of the Buk missile launcher. However, he was aware of the deployment of the complex and was appointed as its formal coordinator. The investigation was able to establish that the instructions of Sergey Dubinsky regarding the deployment of the Buk missile launcher were executed and directed to Leonid Kharchenko.

At present, the criminal investigation is suspended as it was not possible to identify other individuals who could be held criminally responsible in the national court of the Netherlands. However, the criminal proceedings are not closed and can be continued in the presence of new information.

P.S.

The events in February show me that the world was a bit naive about Russia since 2014. Flight MH17 was shot down. Crimea was annexed, and the world did nothing. We continued to trade with Russia, continued to buy gas from them, and now, in February, our eyes were opened. I think it happened quite late. However, it's good that it happened. I feel sorry for the Ukrainian people, I feel a strong connection with them

Hans de Borst, interview with Radio Svoboda, November 2022

The need for further criminal prosecution remains relevant. The families of the victims and all those who care demand that at least the crew of the Buk 3x2 missile system be held accountable.

Meanwhile, in Russia, they continue to glorify international crimes. On February 21, 2023, the President of the Russian Federation awarded the 53rd Anti-Aircraft Missile Brigade of the Russian Federation the honorary title of "Guard" for "mass heroism and courage, resilience and bravery demonstrated by the personnel of the brigade in combat operations to defend the Fatherland and national interests in conditions of armed conflicts".

Published on 2023-03-01

Mykyta Petrovets

Regional Center for Human Rights

Sources

Crash of Malaysia Airlines flight MH17. Dutch Safety Board. 2015. (pages 24, 54-55, 82, 89, 113, 116-128, 132, 136, 143, 146) Findings of the JIT MH17 investigation into the crew members of the Buk TELAR and those responsible in the chain of command. Joint Investigation Team MH17. 01.02.2023. (pages 7, 12-14, 15-16, 18-19, 24-26, 28, 30-31, 35, 37-38, 40-41, 43, 46, 50, 56, 58, 60-61, 63, 65-66) MH17 - The Open Source Investigation. Three Years Later. Bellingcat. 17.07.2017. (pages 7, 13, 15-16, 20, 23, 28-29, 30-39, 44-65) Prosecutor v. Igor Girkin, Sergey Dubinskiy, Leonid Kharchenko, Oleg Pulatov. District Court of the Hague. 17.11.2022. Prosecutor v. Oleg Pulatov. District court of the Hague. 17.11.2022. (Assessment of the actual conduct of the accused and others) Case of Ukraine and Netherlands v. Russia. European Court of Human Rights. Grand Chamber. 30.11.2022. (para 312, 429-430, 463-476, 902-903, 906-907, 911-914, 919-921, 925-929, 932-938, 943-943, 946-947) Eastern Ukraine and flight MH17 case declared partly admissible. Registrar of the European Court of Human Rights. 25.01.2023. Revelations and Confirmations from the MH17 JIT Press Conference. Bellingcat. 30.09.2016. The Lost Digit: Buk 3x2. Bellingcat. 03.03.2016. Origin of the Separatists' Buk: A Bellingcat Investigation. Bellingcat. 08.11.2014. JIT Indictments and Reactions: Analyzing New Evidence Linking Separatists and Russian Officials to MH17. Bellincat. 17.07.2019. The MH17 Trial Part 1: New Material From The Four Defendants. Pieter van Huis. Bellingcat. 20.04.2020. Бойовики вивозять ракетний комплекс Бук до кордону із РФ. Міністерство внутрішніх справ України. 18.07.2014. On downing of Malaysia Airlines flight MH17 on 17 July in Donetsk Oblast, Ukraine. Security Council. United Nations. 21.07.2014. Agreement between NBAAII of Ukraine and the Dutch Safety Board of the Netherlands on delegation of investigation in respect of aircraft accident involving Boeing 777-200, registration: 9M-MRD «Malaysia Airlines» Flight MH17. Ukraine. The Netherlands. 23.07.2014. Joint Investigation Team established. District Court of the Hague. 07.09.2014. Memorandum of Understanding between the Government of Australia, the Government of the Kingdom of Belgium, the Government of Malaysia, the Government of the Netherlands and the Government of Ukraine regarding political support for prosecuting the perpetrators of the downing of flight MH17 on 17 July 2014. 20.09.2017. The Ministers of Foreign Affairs of 5 states signed the Memorandum on the prosecuting the perpetrators of the downing of flight MH17. Ministry of Foreign Affairs of Ukraine. 21.09.2017. On establishment of an International Tribunal for the Purpose of Prosecuting Persons responsible for Crimes Connected with the Downing of Malaysia Airlines flight MH17 on 17 July 2014 in Donetsk Oblast, Ukraine. Security Council. United Nations. 2015. MH17: The Netherlands and Australia hold Russia responsible. Government of the Netherlands. 25.05.2018. Заявление МИД России о невозможности дальнейшего участия России в трехсторонних консультациях с Австралией и Нидерландами по вопросам, связанным с авиакатастрофой рейса МН17 в небе над востоком Украины 17 июля 2014 г. Министерство иностранных дел РФ. 15.10.2020. О присвоении 53 зенитной ракетной бригаде почетного наименования. Президент РФ. 21.02.2023. Сводки от Стрелкова Игоря Ивановича. Вконтакте. 17.07.2014. «Мою доньку вбили у війні проти України: родичі жертв рейсу МН17 про вирок суду у справі збитого літака». Ірина Загородня. ТСН. 18.11.2022. «Надеюсь на процесс над Путиным». Родные жертв – о вердикте по делу MH17. Марк Крутов. Радио Свобода. MH17 Crash: Six Months of Pain Provides Few Answers for Victim's Dad. NBC News. 25.01.2015. «Наши дети тоже были убиты Путиным». Екатерина Гликман. Новая газета Европа. 17.07.2022. 100 Worst aviation disasters. Plane crash info.
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